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Home My WebLink About05/09/07 CC MINUTES l l l 285 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MAY 9,2007 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5: 15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: None 2. PUBLIC STATEMENTS None. 3. APPOINTMENTS a. Two appointments to the Planning Commission due to the expiration of terms of John Spencer and Barbara Lomas, whose terms expired April 30, 2007. Motion by Councilmember Carson to appoint William Andrews to a four year term on the Planning Commission. APPROVED Motion by Councilmember Scrivner to appoint Andy Stanley to a four year term on the Planning Commission. APPROVED J 286 3. 4. Bakersfield, California, May 9, 2007 - Page 2 APPOINTMENTS continued b. One appointment to the Fire Civil Service Board, due to the resignation of Stuart Gentry, term expires December 31, 2007. Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 Ward 7 Edmonds Edmonds Edmonds Edmonds Edmonds Edmonds Edmonds Motion by Vice-Mayor Hanson to appoint Thomas Edmonds to fill the vacancy on the Fire Civil Service Board created by the resignation of Stuart Gentry, term expiring December 31, 2007. c. Appointment(s) to the Ad Hoc Transportation Funding Task Force. Motion by Vice-Mayor Hanson to appoint Councilmembers Weir, Scrivner and Vice-Mayor Hanson to the Ad Hoc Transportation Funding Task Force. CONSENT CALENDAR Minutes: a. Approval of minutes of the April 25, 2007 Regular City Council Meeting. Payments: b. Approval of department payments from April 13, 2007 to April 26, 2007 in the amount of $12,160,032.85 and self-insurance payments from April 13, 2007 to April 26, 2007 in the amount of $319,607.52. Ordinances: c. First Reading of Ordinance amending Sections 14.12.030, 14.12.390 and 16.32.060E of the Municipal Code relating to sewers. ACTION TAKEN J APPROVED APPROVED NS BENHAM, COUCH J ABS WEIR FR J l L l Bakersfield, California, May 9, 2007 - Page 3 4. CONSENT CALENDAR d. Adoption of Ordinance adding Section 13.08.080 to the Municipal Code relating to Redemption Premiums for 1915 Act Bonds and ratifying Redemption Premiums for such bonds of Assessment District No. 06-1. Adoption of Ordinance amending Municipal Code Sections 1.12.030 and 1.12.040 by adding Annexation No. 492 consisting of 80.98 acres located west of Miramonte Drive, generally south of State Highway 178 to Ward 3; Annexation No. 482 consisting of 73.17 acres located on Brimhall Road, west of Jenkins Road and east of Heath Road; Annexation No. 501 consisting of 89.59 acres located at the northeast corner of Jewetta Avenue and Etchart Road; and, Annexation No. 537 consisting of 79.01 acres located north of Snow Road between Coffee Road and Calloway Road, south of Etchart Road to Ward 4. e. Resolutions: f. Resolution ordering change of proceedings to reduce assessments for parcels located in Assessment District No. 06-1 (Etcheverry/Un II/University Park). Resolution authorizing the submittal of an application to the California Integrated Waste Management Board (CIWMB) for a Rubberized Asphalt Concrete Use Grant. h. Wireless Citations Technology: g. 1. Resolution determining that wireless citation devices cannot be reasonably obtained through the usual bidding procedures and authorizing the finance director to dispense with bidding and purchase 25 wireless Berendo citation devices with related hardware/software from Advantidge, Inc., not to exceed $122,500. Agreement with Advantidge, Inc. (not to exceed $122,500) to purchase 25 wireless Berendo citation devices with related hardware/software. 2. 287 ACTION TAKEN ORD 4431 ORD 4432 RES 086-07 RES 087-07 RES 088-07 AGR 07-134 ~._j 288 Bakersfield, California, May 9, 2007 - Page 4 4. CONSENT CALENDAR continued ACTION TAKEN i. Holmatro Rescue Equipment: j 1. Resolution determining that Holmatro rescue RES 089-07 equipment cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $53,000. 2. Approve the purchase of replacement Holmatro rescue equipment from FS3 in the amount of $53,000. j. Rubber Sidewalk Pavers: 1. Resolution determining that rubber sidewalk RES 090-07 pavers cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $100,000. 2. Approve the purchase of rubber sidewalk pavers from Rubbersidewalks, Inc. in the amount of $100,000. k. Resolution authorizing the HOME Investment RES 091-07 Partnership funded New City Employee Down J Payment Assistance Program. I. Resolution adding territory, Area 4-52 (19th, Eye RES 092-07 West) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. m. Resolution of Intention No. 1531 preliminarily ROl1531 adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District and its 2007-2008 budget; setting time and place for hearing protests on the amount of street and median landscaping assessments to be levied throughout the Consolidated Maintenance District. n. Resolution of Intention No. 1532 preliminarily ROl1532 adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District and its 2007-2008 budget; setting time and place for hearing protests on the amount of park landscaping assessments J to be levied throughout the Consolidated Maintenance District. 289 Bakersfield, California, May 9, 2007 - Page 5 4. CONSENT CALENDAR continued ACTION TAKEN l o. Resolution of Intention No. 1533 preliminarily ROl1533 adopting, confirming and approving Public Works Director's report for twelve Traffic Signal Maintenance Districts and their 2007-2008 budgets; setting time and place for hearing protests on the amount of assessments to be levied throughout each of the Traffic Signal Maintenance Districts. p. Resolution of Intention No. 1534 to add territory, ROl1534 Area 5-36 (Berkshire, Marvin SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Agreements: q. Tract Maps and Improvement Agreements: 1. Amendment No. 1 to Agreement No. 05-438 AGR 05-438(1) with Design Community Group, Inc. for Tract 6413 Phase 1 located west of South Union Avenue and north of Unnell Way. L 2. Final Map and Improvement Agreements AGR 07-135 with MVB Ventures, LLC, for Tract 6452 AGR 07-136 Phase 3 located at the southeast intersection of City Hills Drive and Canteria Drive. r. Memorandum of Agreement with Kern Council of AGR 07-137 Governments ($100,000) for funding assistance for the update of the Metropolitan Bakersfield General Plan's local land use and circulation elements and appropriate $100,000 (KernCOG's contribution) to the Development Services Capital Improvement budget in the Capital Outlay fund. s. Agreement with Kern Charter Service, Inc. ($40 AGR 07-138 monthly fee) for the purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport. t. Reimbursement Agreement with Kern High School AGR 07-139 District ($1,054,214) to construct Northeast Trunk Sewer-Phase 2: Kern High School Frontage located along Redbank Road from Fairfax Road westerly approximately 1 ,400 feet. l u. Amendment No.2 to Agreement No. 03-181 with AGR 03-181(2) Andre Family Rentals ($1,800 per month) for leased space at 1420 G Street. '290 Bakersfield, California, May 9, 2007 - Page 6 4. CONSENT CALENDAR continued ACTION TAKEN J w. Amendment No. 1 to Agreement No. 06-163 with Orrick, Herrington & Sutcliffe LLP (total not to exceed $20,000) for legal services relating to Community Facilities District No. 06-1. Amendment NO.8 to Agreement No. 92-154, City Manager's Contract with Alan Tandy. Contract Change Order No. 1 to Agreement No. 06- 067 with Griffith Company ($32,283.55 increase; revised not to exceed $1,955,022.55) for Chester Avenue Streetscape from 24th Street to Garces Circle. AGR 06-163(1) v. AGR 92-154(8) AGR 06-067 CC01 x. Bids: y. Street improvements at the intersection of Panama Lane and Golden Gate Street: 1. Accept bid and award contract to Maverick AGR 07-140 Asphalt, Inc. ($661,585) for project. 2. Transfer $377,800 from Public Works Capital Improvement Project (Street Improvement J at College and Fairfax) and appropriate $22,200 fund balance to the Capital Improvement Budget within the Transportation Development Fund to fund this project. z. Annual Contracts for Asphalt Rejuvenator and Sealant: 1. Accept bid and award contract to Burtch AGR 07-141 Construction (not to exceed $1,000,000) for application of asphalt rejuvenator and sealant. 2. Accept bid and award contract to Alon AGR 07-142 Asphalt (not to exceed $200,000) to provide ready to use asphalt rejuvenator and sealant. j l l l Bakersfield, California, May 9, 2007 - Page 7 4. CONSENT CALENDAR continued aa. Install Traffic Signal Interconnect at Various City Locations - Part 4: 1. Accept low bid and award contract to MGE Underground, Inc. ($1,039,422) for the project. Appropriate $166,566 Congestion Mitigation and Air Quality Program funds to the Public Works Department Capital Improvement Budget within the ISTEA Fund. 2. Miscellaneous: bb. Revised job specifications for Communications Coordinator and Communications Engineer. cc. Acceptance of State Farm Good Neighbor Citizenship grant ($6,820) for the purpose of educating the community on proper use and installation of child restraint systems; and, appropriate $6,820 (contribution) to the Police Department operating budget in the General Fund. Reclassification of two (2) Code Enforcement Officer II positions to Code Enforcement Officer III positions in the Building Division. dd. ee. Appropriate $154,000 from Office of Emergency Services and USDA Forest Service to the General Fund Fire Department Operating Budget for overtime costs incurred at mutual aid assignments. ff. Support of Residential Rehabilitation Facility Legislation, SB 100. gg. US Department of Homeland Security Grant: 1. Accept Federal Grant ($90,864) from US Department of Homeland Security. 2. Appropriate $90,864 from Federal Grant Revenue to the General Fund Fire Department Operating Budget for the purchase of fire shelters and protective wildland apparel. Authorization to purchase fire shelters from GSA Advantage ($48,606.13). 3. ACTION TAKEN AGR 07-143 ,,- 2 91 292 Bakersfield, California, May 9, 2007 - Page 8 4. CONSENT CALENDAR continued hh. Budget and Finance Committee Report regarding FY 07/08 Community Development Block Grant (CDBG), HOME Investment Partnership, and Emergency Shelter Grant (ESG) Annual Spending Plan. Acting City Clerk Gafford announced a correction to the title of item 4.y., to read, "appropriate $400,000 Transportation Development Fund Balance to the Public Works Capital Improvement Budget to fund the street improvements at the intersection of Panama Lane and Golden State." Councilmember Weir announced he would abstain due to conflict of interest, source of income, on item 4.b. Motion by Vice-Mayor Hanson to approve Consent Calendar items 4.a. through 4.hh. with correction to the title of item 4.y. as noted. 5. CONSENT CALENDAR HEARINGS a. General Plan Amendment No. 06-2290; The City has requested a general plan amendment to incorporate land use and circulation map changes previously adopted by Kern County Board of Supervisors and the City of Shafter. Resolution approving the Notice of Exemption and adopting the general plan amendment to incorporate land use and circulation map changes approved by the County of Kern and the City of Shafter. b. General Plan Amendment No. 07-0246; The City has requested a general plan amendment to revise the text of the Safety Element of the Metropolitan Bakersfield General Plan to incorporate the adopted final Kern County, California Multi-Hazard Mitigation Plan. 1. 1. Resolution approving the Notice of Exemption and adopting the general plan amendment to incorporate text changes to the Safety Element to incorporate the adopted final Kern County, California Multi- Hazard Mitigation Plan. ACTION TAKEN J APPROVED J RES 094-07 RES 095-07 J " l l l 5. Bakersfield, California, May 9, 2007 - Page 9 CONSENT CALENDAR HEARINGS continued c. General Plan Amendment/Zone Change No. 06- 1099; John Thomsen, representing John A. & Terry Thomsen and Howard & Betty Lamond, property owners, has applied for a general plan amendment and zone change on .87 acres located on the north side of Elcia Drive, immediately west of the Highway 99 on-ramp. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LMR (Low Medium Density Residential) to HC (Highway Commercial) on .87 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code (Zone Map No. 123-02) from R-2 (Umited Multiple Family Dwelling) to C-1 (Neighborhood Commercial) on .87 acres. d. General Plan Amendment/Zone Change No. 05- 1561; Jerry Hendricks, Hendricks Engineering, representing Eagle Meadows of Bakersfield III, LLC, property owner, has applied for a general plan amendment and zone change on 17.7 acres located along the north side of E. Pacheco Road, generally west of Cottonwood Road. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from HI (Heavy Industrial) to U (Ught Industrial) on 17.7 acres. First Reading of Ordinance approving the Negative Declaration and amending Title 17 (Zone Map No. 124-17) of the Municipal Code by change the zoning from M-3 (Heavy Industrial) to M-1 (Ught Manufacturing) on 17.7 acres. 2. 293 ACTION TAKEN RES 096-07 FR RES 097-07 FR , J 294 5. Bakersfield, California, May 9, 2007 - Page 10 CONSENT CALENDAR HEARINGS continued e. General Plan Amendment/Zone Change No. 06- 2198; Mike Nelson, representing Danco Development (property owner) has applied for a general plan amendment and zone change on approximately 11.18 acres located on the north side of Niles Street, west of Park Drive. An appeal of the Planning Commission's decision was submitted by Mike Nelson, representing Danco Development. 1. Resolution approving the Negative Declaration, denying the appeal and adopting the general plan amendment changing the land use designation from LR (Low Density Residential) to LMR (Low Medium Density Residential) on 11.18 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 (Zone Map No.1 03-25) of the Municipal Code from PUD (Planned Unit Development) to R-2 (Umited Multiple Family Dwelling) on 11.18 acres. f. General Plan Amendment/Zone Change No. 06- 1688; Marino and Associates, representing Paul Ridenour (property owner) has applied for a general plan amendment and zone change on 4.4 acres located at the northwest corner of Stockdale Highway and Claudia Autumn Drive. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from SR (Suburban Residential) to LR (Low Density Residential) on 4.4 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 (Zone Map No. 101-34) of the Municipal Code from A (Agriculture) to R-1 (One Family Dwelling) on 4.4 acres. ACTION TAKEN REMOVED FOR SEPARATE CONSIDER A TION J J RES 098-07 FR j l l l 5. Bakersfield, California, May 9,2007 - Page 11 295 CONSENT CALENDAR HEARINGS continued g. General Plan Amendment/Zone Change No. 05- 1947; Banducci Land, LLC, property owner, has applied for a general plan amendment and zone change on approximately 46 acres located at the northwest corner of Gosford Road and McKee Road (future alignment). An appeal of the Planning Commission decision was submitted by Brent Dezember on behalf of StructureCast. General Plan Amendment/Zone Change No. 06- 1052; Maurice J. Etchechury, representing the John M. Antongiovanni Trust (property owner), has applied for a general plan amendment and zone change on approximately 18.7 acres located at the southwest corner of Panama Lane and Ashe Road. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LR (Low Density Residential) to GC (General Commercial) on 18.7 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 (Zone Map No. 123-28) of the Municipal Code from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 18.7 acres. General Plan Amendment/Zone Change No. 06- 1039; Mcintosh & Associates, representing Bakersfield 19, LLC (property owner), has applied for a general plan amendment and zone change on approximately 19.55 acres located on the north side of Engle Road, between Ashe and Stine Roads. h. i. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to LMR (Low Medium Density Residential) on 19.55 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 (Zone Map No. 142-03) of the Municipal Code from A (Agriculture) to R-2 (Umited Multiple Family Dwelling) on 19.55 acres. ACTION TAKEN REFERRED BACK TO STAFF CONTINUED TO NEXT GPA CYCLE RES 100-07 FR 296 5. Bakersfield, California, May 9, 2007 - Page 12 CONSENT CALENDAR HEARINGS continued ACTION TAKEN j. General Plan Amendment/Zone Change No. 06- 1031; Dominique Minaberrigarai, representing the Minaberri Family Trust (property owner), has applied for a general plan amendment and zone change on approximately 38.48 acres located at the northeast corner of Ashe and Engle Roads. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to GC (General Commercial) on 10.02 acres, LR (Low Density Residential) on 24.74 acres, and HMR (High Medium Density Residential) on 3.72 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 (Zone Map No. 142-03) of the Municipal Code from A (Agriculture) to C-2 (Regional Commercial) on 10.02 acres, R-1 (One Family Dwelling) on 24.74 acres and R-2 (Umited Multiple Family Dwelling) on 3.72 acres. j RES 101-07 FR Acting City Clerk Gafford announced correspondence was received from Wolfe & Associates opposing item 5.h. Additionally correspondence was received from the applicant regarding item 5.h. requesting the item be continued to the next GPA cycle. J Hearings opened at 5:35. Mike Nelson, applicant for item 5.e. requested the item be moved to the regular Hearing portion of the meeting. Hearings closed at 5:36. Motion by Vice-Mayor Hanson to approve Consent Calendar Hearings S.a. through 5./., with the removal of item S.e. for separate consideration, and the continuance of item S.h. to th~ next GPA cycle. APPROVED J 6. l l 297 Bakersfield, California, May 9, 2007 - Page 13 CLOSED SESSION ACTION TAKEN a. Conference with Legal Counsel- Existing Utigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. North Kern Water Storage District v Kern Delta Water District, et alTulare County Superior Court Case No. 96-172919, Fifth Appellate District Court Case No. F047706 and California Supreme Court 2. City v Kern Delta Water Storage District Ventura County Superior Court Case No. CIV242067 3. City v City of Shafter, et al Kern County Superior Court Case No. S-1500-CV- 260277-RJO 4. City v North Kern Water Storage District, et al Kern County Superior Court Case No. S- 1500-CV-260360-AEW 5. City v Oildale Mutual Water Company Kern County Superior Court Case No. S- 1500-CV-260384-LPE Conference with Legal Counsel - Potential Utigation; Closed Session pursuant to subdivision (b)(1 )(3)(A) of Government Code Section 54956.9. Motion by Vice-Mayor Hanson to adjourn the meeting to Closed Session at 5:38 p.m. b. APPROVED Motion by Councilmember Couch to adjourn from Closed Session at 6:53 p.m. APPROVED RECONVENED MEETING - 7:03 p.m. 7. ROLL CALL l Present: Mayor Hall, Vice-Mayor Hanson Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: None. 298 Bakersfield, California, May 9, 2007 - Page 14 8. INVOCATION by Bishop Monte McKeon, The Church of ACTION TAKEN Jesus Christ of Latter-day Saints. j 9. PLEDGE OF ALLEGIANCE by Shaun Shermer, 6th Grade Student, Home School. 10. CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing Utigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. North Kern Water Storage District v Kern STAFF GIVEN Delta Water District, et alTulare County DIRECTION Superior Court Case No. 96-172919, Fifth Appellate District Court Case No. F047706 and California Supreme Court 2. City v Kern Delta Water Storage District STAFF GIVEN Ventura County Superior Court Case No. DIRECTION CIV242067 3. City v City of Shafter, et al Kern County STAFF GIVEN DIRECTION Superior Court Case No. S-1500-CV- 260277-RJO ~- 4. City v North Kern Water Storage District, et STAFF GIVEN J al Kern County Superior Court Case No. S- DIRECTION 1500-CV-260360-AEW 5. City v Oildale Mutual Water Company STAFF GIVEN Kern County Superior Court Case No. S- DIRECTION 1500-CV-260384-LPE b. Conference with Legal Counsel - Potential NO REPORTABLE Utigation; Closed Session pursuant to ACTION subdivision (b)(1 )(3)(A) of Government Code Section 54956.9. 11. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Rodger Chambers, President, ABATE Local #40, proclaiming May, 2007, as Motorcycle Awareness Month. Rodger Chambers accepted the Proclamation and made comments. j L l l Bakersfield, California, May 9, 2007 - Page 15 11. PRESENTATIONS continued b. Presentation by Mayor Hall of Proclamation to Raul Rojas, City Public Works Director, proclaiming May 20 - 26, 2007, as National Public Works Week. Public Works Director Rojas accepted the Proclamation and made comments. 12. PUBLIC STATEMENTS a. Pastor Ron Green, His Final Harvest Church, spoke regarding a youth bike ride and reclaiming West Coast Youth. 13. REPORTS a. Presentation of the Proposed FY 2007-08 Budget. City Manager Tandy made a computer presentation with the aid of Assistant City Manager Stinson and Management Assistant Kirkwood. Councilmember Couch requested information concerning the formula used to compute the proposed sewer fee increase, provide location information regarding state mandates for certain users and the parameters for those users. Councilmember Couch requested an analysis regarding the sales tax trend. 14. HEARINGS a. General Plan Amendment/Zone Change No. 06- 0494; Mcintosh and Associates, representing Douglas DeBerti and San dye De Berti (property owners) has applied for a general plan amendment and zone change on 60 acres located on the east side of Edison Road (future), Y2 mile north of Breckenridge Road. 1. Resolution denying the general plan amendment changing the land use designation from R-MP (Resource-Mineral Petroleum) and OS (Open Space) to LR (Low Density Residential) on 60 acres. Resolution denying the amendment to Title 17 of the Municipal Code (Zone Map No. 104-28) from A (Agriculture) to R-1 (One Family Dwelling) on 60 acres. 2. 299 ACTION TAKEN CONTINUED TO THE NEXT GPA CYCLE Bakersfield, California, May 9, 2007 - Page 16 ACTION TAKEN 300 14. HEARINGS continued Item 14.a. Acting City Clerk Gafford announced correspondence was received from Mcintosh & Associates requesting this item be continued to the next GPA cycle. Development Services Director Grady made staff comments. Hearing opened at 7:50 p.m. Louise Stevenson spoke and submitted material, Jim Lamberson, Kristin Stoller and Pauline Bartlett spoke opposing the General Plan Amendment/Zone Change. Eric Powers spoke in favor of the staff recommendation. Hearing closed at 8:04 p.m. Motion by Councilmember Weir to continue the item to the next GPA cycle. b. General Plan Amendment No. 06-1698; Louise Palmer, representing Adavco, Inc. (developer) has applied for a general plan amendment on approximately 15 acres located south of Seventh Standard Road and west of the Calloway Canal. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from GC (General Commercial) to LMR (Low Medium Density Residential) on 15 acres. Acting City Clerk Gafford announced correspondence was received from the City of Shafter in opposition to the item. Development Services Director Grady made staff comments. Recess taken from 8:08 p.m. to 8:17 p.m. Hearing opened at 8:17 p.m. J APPROVED j RES 102-07 j... .: 14. l' , l l Bakersfield, California, May 9, 2007 - Page 17 HEARINGS continued Item 14.b. continued Fernando Avila, Best, Best and Kreiger, on behalf of the City of Shafter, spoke in opposition to the staff recommendation and provided written comments. Louise Palmer, Adavco Inc., spoke in favor of the staff recommendation. Hearing closed at 8:22 p.m. Motion by Councilmember Couch to approve the Resolution. c. General Plan Amendment No. 06-1699; Adavco, Inc., representing Michel & Margaret Etcheverry Family, LLP (property owner) has applied for a general plan amendment on approximately 23.45 acres of a 38.75 acre project site located at the southwest corner of Seventh Standard Road and Calloway Drive intersection. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LMR (Low Medium Density Residential) to GC (General Commercial) on approximately 10.6 acres and from SR (Suburban Residential) to GC on approximately 12.85 acres. Acting City Clerk Gafford announced correspondence was received from Nighbert Properties and Ann Gallon in opposition to approval of this project. Also, correspondence was received from the City of Shafter in opposition to this matter. Development Service Director Grady made staff comments. Hearing opened at 8:36 p.m. John Guinn, Shafter City Manager, Fernando Avila, Best, Best and Kreiger, on behalf of the City of Shafter, spoke and submitted written material, Sheila Lake, Glenna Gaugle, Susan Castro, Hilda Klein and Guy Border spoke in opposition to the staff recommendation. ACTION TAKEN APPROVED RES 103-07 ,- 301 302 Bakersfield, California, May 9, 2007 - Page 18 14. HEARINGS continued Item 14.c. continued ACTION TAKEN Louise Palmer, Adavco Inc., spoke in favor of the staff recommendation. John Guinn, Shafter City Manager, Sheila Lake and Susan Castro spoke in rebuttal opposition to the staff recommendation. J Annette Davis, Adavco Inc., spoke in rebuttal favor of the staff recommendation. Hearing closed at 8:50 p.m. Councilmember Couch requested staff prepare a letter to the county suggesting they be involved in the gap program for Seventh Standard Road. Motion by Councilmember Couch to approve the staff recommendation. APPROVED d. Mayor Hall announced the item removed from the Consent Calendar will be heard at this time as Hearing item 14.d. General Plan Amendment/Zone Change No. 06- 2198; Mike Nelson, representing Danco Development (property owner) has applied for a general plan amendment and zone change on approximately 11.18 acres located on the north side of Niles Street, west of Park Drive. An appeal of the Planning Commission's decision was submitted by Mike Nelson, representing Danco Development. J 1. Resolution approving the Negative Declaration, denying the appeal and adopting the general plan amendment changing the land use designation from LR (Low Density Residential) to LMR (Low Medium Density Residential) on 11.18 acres. RES 104-07 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 (Zone Map NO.1 03-25) of the Municipal Code from PUD (Planned Unit Development) to R-2 (Umited Multiple Family Dwelling) on 11.18 acres. FR Hearing opened at 9:37 p.m. J 14. l L l 303 Bakersfield, California, May 9, 2007 - Page 19 HEARINGS continued Item 14.d. continued ACTION TAKEN Mike Nelson, Danco Development, spoke opposing the staff recommendation, specifically regarding additional condition number four and to request clarification regarding condition number nine. Hearing closed at 9:44 p.m. Motion by Councilmember Weir to approve the staff recommendation. APPROVED 15. NEW BUSINESS a. Appropriate $420,000 Fund Balance within the Domestic Water Fund to pay application fees to the State Water Resources Control Board to acquire unappropriated water on the Kern River. Staff comments by Water Resources Director Core. Motion by Vice-Mayor Hanson to appropriate the $420,000. APPROVED 16. MAYOR AND COUNCIL STATEMENTS Councilmember Benham requested staff assist in responding to an email regarding California Water Service and provided contact information. Councilmember Benham requested the Legislation and Litigation Committee review issues created by the passage of the State Cable Franchise Bill, AB 2987. Councilmember Benham announced the City has received the final report on the railroad quiet zone evaluation; the Ad Hoc Committee will meet May 24, 2007 at 1:00 p.m. in the City Manager's office; instructed staff to assure interested parties are aware of the meeting; and, requested the final report to be placed on the City's web site. Councilmember Couch requested a status report regarding Annexation #510. City Manager Tandy responded. Councilmember Couch submitted referrals for action. 3 () 4 Bakersfield, California, May 9, 2007 - Page 20 16. MAYOR AND COUNCIL STATEMENTS continued Councilmember Couch directed staff to request Golden Empire Transit to include the new airport terminal on their schedule. Councilmember Couch requested staff determine if the City has extra light poles that might be donated to the soccer park of Alfred Harrell Hwy. Councilmember Couch requested information regarding how service is acknowledged on boards and commissions when an individual leaves an appointed position. Development Services Director Grady and Assistant City Clerk Gafford responded. Councilmember Carson requested Code Enforcement staff investigate the number of occupants of a residence on Oleander Street and report back. Councilmember Carson requested staff provide a report back to her regarding an Issue with Wesley Crawford and provided correspondence. Councilmember Carson noted the Alpha Cappa Alpha Sorority last night provided over $40,000 in scholarships to college-bound high school seniors going away to college in the fall. Councilmember Scrivner thanked staff for expeditiously handling referrals for the past two weeks. Councllmember Scrivner requested the Planning and Development Committee respond to a Kern County request regarding an Open Space Committee and the City's participation in such a committee. Vice-Mayor Hanson requested Council and staff respond to a letter from Rep. McCarthy regarding District Court in addition to adopting and forwarding a Resolution from the Council. Vice-Mayor Hanson requested staff assure Loren Lange receives a response to his correspondence regarding tree canopies and provided contact information. Vice-Mayor Hanson complimented Councilmember Couch on his handling of the ih Standard road issues. Mayor Hall made comments regarding his recent trip to Bucheon City, South Korea. ACTION TAKEN J j j l fl~ ?! l l 305 Bakersfield, California, May 9,2007 - Page 21 16. MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN 17.. Mayor Hall complimented Recreation and Parks Director Hoover and her staff for the outstanding condition of City parks. ADJOURNMENT Mayor Hall adjourned the meeting at 10:08 p.m.. ATTEST: CITY CLERK and Ex 0 I 0 Clerk of the Council of the City of akersfield 306 Bakersfield, California, May 9, 2007 - Page 22 ****THIS PAGE INTENTIONALLY LEFT BLANK**** J J J